What do I do for a licence restoration hearing?
You need to lodge your license restoration hearing at least 28 days before your disqualification period ends.
Which Court do I attend to lodge my application for licence restoration?
Attend the Magistrates’ Court closest to you. Before attending Court however you should contact an accredited Drink Driving Education Agency, to book in for a drink drivers education course, and a licence restoration assessment.
You may need to provide these dates to the Court when you book your licence restoration hearing. The Court will fix a date for your licence restoration application. The Court will charge around $80 when you lodge the application.
A copy of your restoration application is also provided to the police. The police will contact you for an interview before the date of your Court hearing.
What will I be required to do before my court hearing?
Attend a Drink Drivers Education Course at an Accredited Agency. Then complete a Licence Restoration Assessment. The Agency will provide both courses, about 1-2 weeks apart. The Agency will provide the court with a report. The Magistrate will read and consider the contents of the report in assessing whether to grant your application.
Attend a drink driver’s education course provided by an accredited agency. Depending upon your circumstances (whether this is your 1st or subsequent offence, the date of your offence and your blood alcohol concentration) you may need to undergo a licence restoration assessment by the agency. The course is typically run over 2 nights 1 – 2 weeks apart. You can not proceed with your court application unless you have completed this course. After you complete the course, the agency will provide you with a certificate, and if required, will provide the court other report(s). At your hearing, the Magistrate will read and consider all material relevant to your application (your certificate and the contents of any report(s) provided by the Agency.
What can I expect at the licence restoration hearing and should I use a lawyer?
A Magistrate determines whether or not you drive again. It is not automatic and every day we will attend a Magistrates’ Court where these applications are being refused or adjourned for lengthy periods.
Considerations extend to whether granting the application is in the interests of the broader community. Magistrates expect that a person who seeks to have their licence back demonstrate their need to be re-licensed. This often involves persuading the Magistrate that your approach and attitude to drinking and driving has changed from the date of the offence and the ensuing disqualification period. For this reason you can expect that both the prosecutor and Magistrate will ask a number of probing questions aimed at testing your understanding of the techniques you have learnt to avoid drink driving.
Preparation is the key to these hearings. When we represent people we take them through the questions we will ask them and the potential questions the other people will ask them.
We will take the time to ensure you are well prepared for your hearing. We will ensure that you convey all the important aspects of your application confidently and persuasively to the Magistrate.
Please call and book an appointment so that we can get started on your matter.
